Intellectual property
1
Copyright and Related Rights
Approach
To be protected under copyright law, a work does not need to be registered, unlike other intellectual property rights. The work must above all display originality and bear the personal imprint of its author.
Works eligible for copyright protection naturally include artistic creations (paintings, music, literature, photographs, films, etc.), but may also cover commercial or industrial works, such as scientific articles, tables, graphics, illustrations, or user manuals.
Since French law is particularly protective of authors, there is no automatic transfer of rights. It is therefore essential to ensure a proper chain of title through duly executed assignments — for example, between an employee and employer, a shareholder and their company, or a service provider and a client — especially when the work is used or commercialized.
Related rights, on the other hand, grant protection to performing artists, phonogram and videogram producers, and broadcasting organizations, who also hold the right to authorize or prohibit the use of the works to which they have contributed.
Areas of practice
- Drafting of contracts or assignment clauses for copyright and/or related rights
- Drafting of licenses or authorizations to use copyright and/or related rights
- Review of intellectual property clauses relating to copyright and related rights in all types of agreements (employment contracts, commercial agreements, etc.)
- Allocation of rights within partnerships
- Pre-litigation (formal notice letters) and litigation in cases of infringement or unauthorized use
- Artist representation
2
Trademarks &
Logos
Approach
Registering a trademark or logo requires clearly defining the desired scope of protection — including the type of mark (word or figurative, color or black and white), the geographical scope (French, EU, or international trademark), and the classes of goods and services covered by the registration.
It is also essential to assess the risk of descriptiveness and prior rights, in order to ensure that the mark is distinctive and eligible for protection.
The trademark should be registered in the name of the person or entity actually using it, to avoid potential cancellation for non-use. Otherwise, assignment or license agreements should be put in place and recorded with the INPI (French Office) or EUIPO (European Office).
Being assisted by a lawyer when filing or managing a trademark significantly reduces the risk of opposition or cancellation actions, which may arise even years after registration — as such actions are not subject to limitation periods.
Areas of practice
- Pre-filing consultation for trademark registration
- Prior rights and clearance searches
- Trademark filing procedures with the relevant authorities in France and abroad
- Trademark assignment agreements
- Trademark license agreements
- Recording of assignments and licenses with the INPI / EUIPO
- Review of intellectual property clauses relating to trademarks in commercial contracts
- Trademark portfolio management and renewal procedures
- Implementation of trademark watch services to ensure effective protection
- Pre-litigation (formal notice letters) and litigation in cases of infringement or unauthorized use
3
Software
Approach
Software is protected under copyright law, but it is subject to a specific legal regime.
In certain cases, software developed by employees in the course of their duties is automatically assigned to the employer, provided that the legal requirements are strictly met.
In other situations — particularly when software is developed by an external service provider — a software assignment agreement must be executed, just as with other works protected by copyright.
It is also essential to establish software license agreements defining the terms and conditions of use of the software by the end user.
Areas of practice
- Drafting of software assignment contracts or clauses
- Drafting of software licenses or authorizations for use
- Review of intellectual property clauses relating to software in all types of agreements (employment contracts, commercial agreements, etc.)
- Allocation of rights within partnerships
- Pre-litigation (formal notice letters) and litigation in cases of infringement or unauthorized use
4
Domain Names
Approach
Purchasing a domain name allows you to reserve a URL address on the Internet. It is often advisable to choose a domain name that corresponds to an existing trademark or trade name used in business.
Registering a domain name is particularly important, as trademark prior rights are also assessed in relation to pre-existing domain names. Therefore, if a domain name is already in use, it will not be possible to register a similar trademark.
In addition, registering multiple domain extensions (such as .com, .fr, .org, etc.) helps prevent cybersquatting. However, when a third party registers a domain name incorporating a trademark they do not own, legal action may be pursued.
Domain names can also be assigned or sold, just like other intellectual property rights. They are considered part of a company’s intangible assets.
Areas of practice
- Pre-registration consultations for domain names
- Prior rights and availability searches
- Drafting of domain name assignment contracts or clauses
- Drafting of domain name licenses or authorizations for use
- Review of intellectual property clauses relating to domain names in commercial contracts
- Pre-litigation (formal notice letters) and litigation in cases of infringement, unauthorized use, or cybersquatting
5
Datas base
Approach
Under European law, databases benefit from specific legal protection. Beyond data protection regulations (such as the GDPR when personal data is involved), the producer of a database who has invested time and/or money in its creation enjoys a sui generis right protecting that investment.
Furthermore, when the selection or arrangement of the data within the database reflects a creative effort, the database may also be protected under copyright law.
As a result, a database created by a third party cannot be used without proper authorization.
However, assignment or license agreements may be executed to permit the authorized use of a database.
Areas of practice
- Drafting of database assignment contracts or clauses
- Drafting of database licenses or authorizations for use
- Review of intellectual property clauses relating to databases in all types of agreements
- Allocation of rights within partnerships
- Pre-litigation (formal notice letters) and litigation in cases of infringement or unauthorized use
6
Designs &
Models
Approach
Designs and models play a crucial role in creating a company’s value and competitive advantage, particularly by protecting its innovative ideas and distinguishing its products from those of its competitors. By establishing a strong and recognizable visual identity among consumers, designs and models serve as a powerful asset for a company’s marketing and communication strategy. Moreover, the value of a company’s registered designs can significantly impact merger and acquisition operations.
Designs and models can be protected under intellectual property law in two ways: through copyright protection and/or by design registration. This protection allows the company to control the use of its creations and to secure and capitalize on the revenues generated from their exploitation.
Areas of practice
- Prior rights and clearance searches
- Filing procedures with the relevant authorities in France and abroad
- Portfolio management and renewal procedures
- Assignment agreements
- License agreements
- Advisory services and review of contractual clauses relating to designs and models in commercial agreements
- Pre-litigation and litigation support, particularly in cases of infringement
7
Patents
Approach
Patents are exclusive rights granted by the State to an inventor or a company to protect an invention for a specific period of time. They are designed to encourage innovation by allowing holders to fully benefit from their work and creativity.
A patentability analysis is an essential step before filing a patent application, as it helps determine whether the product or invention has a strong likelihood of being granted protection and ensures that the filing process is conducted efficiently and cost-effectively.
To assess whether a product, process, or invention is patentable, the analysis focuses on verifying that the invention meets the required criteria — notably novelty, inventive step, and industrial applicability.
This analysis also helps identify potential obstacles or challenges that may arise during the filing process and anticipate strategies to overcome them.
Patent assignment, on the other hand, involves transferring the intellectual property rights attached to a patent to another individual or company. Such assignments often play a key role in corporate valuation, particularly in the context of mergers and acquisitions.
Areas of practice
- Pre-filing consultation for patent applications
- Preliminary patentability analysis
- Coordination with a Patent Attorney (CPI) for filing formalities
- Patent assignment agreements
- Patent license agreements
- Review of intellectual property clauses relating to patents in commercial contracts
- Pre-litigation (formal notice letters) and litigation in cases of infringement or unauthorized use
8
Trade Secrets & Know-How
Approach
A company’s know-how encompasses the knowledge and techniques it has developed over time, enabling it to conduct its activities efficiently and competitively. This know-how can take many forms and cover a wide range of areas, including goods or service production, research and development, and supply chain management. It is a key component of a company’s competitive advantage and can represent a major source of value.
It is therefore essential to protect know-how from any unlawful exploitation by third parties. In certain cases, it may also be transferred or licensed, for instance through franchise agreements, exclusive operating contracts, or license agreements. The use of confidentiality agreements (NDAs) is also particularly relevant to safeguard and manage the company’s know-how when shared with third parties such as business partners, suppliers, or employees.
Trade secrets, on the other hand, protect a company’s confidential business information from disclosure to third parties. When the criteria defining a trade secret are met, it is prohibited to disclose or use such confidential information obtained in the context of a business relationship, unless prior authorization has been granted by its rightful owner.
Domaines d'intervention
- Rédaction d’accords de confidentialité (NDA)
- Rédaction de contrats de licence
- Rédaction de contrats de cession / de transmission de savoir-faire
- Rédaction de contrat de franchise
- Rédaction de contrats d’exploitation (exclusive ou non-exclusive)
- Conseil concernant les mesures à prendre pour protéger le secret des affaires et le savoir-faire
- Précontentieux (courriers de mise en demeure) et contentieux en cas de violation du savoir-faire ou du secret des affaires
9
Geographical Indications
Approach
Geographical indications are terms used to identify products that possess qualities, a reputation, or characteristics attributable to their place of production, processing, or harvest. They serve to protect products from a specific region, country, or locality against imitation or the unfair exploitation of their reputation.
Their protection represents a significant economic and cultural stake for producers and regions that have developed unique know-how or a strong reputation linked to their products. Geographical indications help enhance the value of these products and differentiate them from competitors, offering a major advantage in terms of marketing and recognition.
It is strictly prohibited to use a geographical indication in a misleading manner, particularly if it creates confusion in the mind of the consumer.
Several protection schemes exist, including Protected Designations of Origin (PDO/AOP), Protected Geographical Indications (PGI/IGP), collective trademarks, and certification marks. Choosing the right protection strategy is therefore essential.
Areas of practice
- Regulatory compliance analysis and strategic advice
- Assignment agreements
- License agreements
- Drafting of product specifications (cahier des charges)
- Pre-litigation (formal notice letters), mediation, arbitration, and litigation in cases of infringement, unfair competition (parasitism), or disparagement
Areas of expertise
Intellectual property
Protection and enhancement of copyrights, trademarks, and other intangible
assets
Personal data protection
GDPR audits and compliance strategies, analysis and drafting of necessary
documents
Commercial contracts
Drafting and reviewing contracts (provision of service, partnerships, general terms and conditions, etc.)